Callender v. Insurance Co. of North America
Supreme Court of Pennsylvania
THIS was an action upon a policy of insurance, underwritten by the defendants on the 12th of May upon the brig Mary and' her freight, at and from Philadelphia to St. Bartholomews, 4500 dollars on vessel, valued , , , - . , that sum, and 1500' dollars on freight, valued at that sum. The cause was tried before Teates T. at a Nisi Prius T ir, . r ...
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THIS was an action upon a policy of insurance, underwritten by the defendants on the 12th of May upon the brig Mary and' her freight, at and from Philadelphia to St. Bartholomews, 4500 dollars on vessel, valued , , , - . , that sum, and 1500' dollars on freight, valued at that sum. The cause was tried before Teates T. at a Nisi Prius T ir, . r ... December last, when the following facts were in evidence, . . The Mary sailed from Philadelphia upon the voyage sured, on the 30th of April 1809, with, á cargo consisting principally of corn meal and flour, consigned to the master, who was…
1Opinion of the Court
Tilghman C. J.
If this case were to be considered on principles of natural justice, there seems no reason why any freight should be paid; because it does not appear that any service was performed. The voyage was planned for St. Barts, at that time a neutral island, from whence a cargo might have been imported into the United States; but that *532could not be done from Jamaica, because the non-intercourse ^aw was *n f°rcei which prevented all communication between the United States and a British island. Neither ought any freight to be paid, if we look to the terms of the contract, because the…
2Cases cited2 opinions
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
- Marine Insurance v. United InsuranceNew York Supreme Court · 1812
3Cited by6 opinions
- The Nathaniel HooperU.S. Circuit Court for the District of Massachusetts · 1839
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Gray v. WalnSupreme Court of Pennsylvania · 1816
- C. W. Adams & Co. v. HaughtTexas Supreme Court · 1855
- One Thousand Bags of Sugar v. HarrisonCourt of Appeals for the Third Circuit · 1893
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